WSP01241

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 1/1/2000
• Title: Correspondence regarding the Preliminary Final Supplemental Environmental Impact Statement
• Water Supply Pro - Doc Type: EIS

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
999 18'" STREET - SUITE 300
DENVER, CO 80202-2466
http://www.epa.gov/reglonOB

June 23, 2000

Ref: 8EPR-EP

Mr. Pat Schumacher, Southern Division Manager
Western Colorado Area Office
Bureau ofRecliunation
U.S. Department of the Interior
P,O. Box 640
Durango, CO 81301

RE: Clean WsW Act Section 404(bXI)
compliance detennination for the .Anim~c .
La Plata Project, Colorado and New Mexico

Dear Mr. Schumacher:

The Region 8 Office of the U.S. Environmental Protection Agency (EPA) has reviewed
the Preliminary Final Supplemental Environmental Impact Statement (PFSEIS), transmitted to
EP A on May 20, 2000, for the Animas-La Plata (ALP) Project in La Plata and Montezuma
Counties, Colorado, and San JUlIII County, New Mexico. We have greatly appreciated our
collegial relationship with you and your staff as we have worked through the extremely complex
project issues with regard to compliance with applicable environmental requirements.

EP A provides the following comments for your consideration pumlllIlt to Section 404 of
the Clean Water Act (CW A) and the Council on Environmental Quality (CEQ) November 1980
Memorandum to Heads of Agencies regarding the CW A Section 404(r) process. In particular,
. these comments are meant to fulfill the November 1980 CEQ Memorandum's requirement that
EP A review this project and provide Congress and the Office ofManagcment and Budget (OMB)
with the EPA's determination as to whether: 1) the Final Supplemental Environmental Impact
Statement (FSEIS) contains the requisite information on the proposed discharge; and 2) the
proposal is consistent with the CW A Section 404(b )(1) Guidelines in 40 CPR Part 230. This
determination' is to be attached to the FSEIS for its transmittal to Congress andOMB.

The PFSEIS and its attachments contain sufficient information to make a determination
as to the proposed project's consistency with the Guidelines. As we indicated in our April 17,
2000 co=ents on the Draft Supplemental Environmental Impact Statement (DSEIS), this
Project stems from a unique set of circumstances involving activities of the United States under a

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